Wednesday, January 29, 2020

Michael Smyth vs. Pillsbury Company. Essay Example for Free

Michael Smyth vs. Pillsbury Company. Essay STYLE: Michael Smyth vs. Pillsbury Company. COURT: United States District Court of Pennsylvania. CITATION: 914 F. Supp. 97; 1996 U.S. Dist. LEXIS 776; 131 Lab. Cas. (CCH) P58, 104; 11 I.E.R. Cas. (BNA) 585. ISSUE: Can an employer be accused of violating public policy, tortuously invading privacy and subsequently be estopped from firing or discharging an at will employee, if for the purpose of company’s interest, it monitor an employee’s email communications over the company’s email system just to find them contrary to company’s interest? FACTS: Plaintiff, a manager at defendant’s company had work email account with access from home. Plaintiff was assured by defendant that email communication is private and confidential with no messages being intercepted and used employment termination. Plaintiff in reliance to promise to its detriment used work email system to make threatening email comments with supervisor was intercepted and employment was terminated. Court ruled in favor of Defendant as it was not evident if termination threatened or violated a clear mandate of public policy or Plaintiff’s common law right to privacy. HOLDING: An employer cannot be accused for violating public policy, privacy and/or discharging an employee according to restatement definition of tort of intrusion upon seclusion. LAW: Restatement (Second) of Torts  § 652B: Liability only attaches when the intrusion is substantial and would be highly offensive to the ordinary. Unless an employee identifies a specific expression of public policy violated by his discharge, it will not be labelled as wrongful and within the sphere of public policy†. EXPLANATION: The clear mandate of public policy must strike at the heart of a citizen’s social right, duties and responsibilities. Plaintiff was not fired for serving on jury duty, for prior conviction or for reporting violation of federal regulations to NRC. Plaintiff’s alleged unprofessional communication over email system utilized by entire company diminishes expectation of privacy. Plaintiff was not asked to disclose personal information by defendant. JUDGEMENT: The motion of the defendant to dismiss was granted. The complaint was dismissed with prejudice

Tuesday, January 21, 2020

Sense and Sensibility :: essays research papers

Sense and Sensibility   Ã‚  Ã‚  Ã‚  Ã‚  Jane Austen was born on December 16, 1775, in Seventon Parsonage in Hampshire England. She was the seventh child of eight children. She was well educated by her father, who was a clergyman. When she was young she started writing novels for her family. It took her fifteen years to find a publisher, but when she did, her words became very widely known. To this day she is considered to be the first great woman novelist. Austen’s novels are mostly set in her own upper middle class English Country environment. They are based upon a young woman heroine who always ends up happily married. Austen shows how people struggle with issues of monetary value and the unhappiness it brings. She also shows how people struggle with their feelings and emotions for each other. In her novels, all the characters learn a lesson. The book Sense and Sensibility was published in 1811, and it is based on the observation of the people of her time. Because her novels always express the patterns of behavior of the people of her time, people find then informative as well as entertaining.   Ã‚  Ã‚  Ã‚  Ã‚  Sense and Sensibility is about the Dashwoods, who are struggling to overcome the death of their father and husband. When he died, they were left virtually penniless, and because the law says that everything is passed down to the son of the decease the family is left with nothing and no place to live. The Dashwoods move in to a small cottage in Barton. But before they leave the oldest daughter falls in love with Edward Farris. Edward is part of England’s upper class, and his sister does not approve of his relationship with Elinor Farris, so she sends him away to London. Shortly after moving to Barton, another on of the Dashwood girls, Marianne, meets Mr. Willouby after she falls down while running in the rain. Willouby is quite handsome and soon he and Marianne become quite fond of each other. Willouby’s family does not like the idea of him marrying a poor girl, and they threaten to strip him of his wealth and inheritance if he marries her. At about t he same time, Elinor finds out that Edward has been secretly engaged to someone else for five years.

Monday, January 13, 2020

Criminal Jusitce

Amanda Burris Introduction to the Courts Assignment 1. 1 Federalism: An outdated concept? Mrs. Mary Morgan January 14 2012 Federalism has been around since the start of our nation. It has tried to balance and set boundaries between the national and state government which has changed significantly since the start of time. It is still evolving as we are in the twenty-first century. The role that our government has today is expanding. The framers helped create this federalist system, and outlined the powers in the Constitution.There are four types of power enumerated which can declare war, coin money, levy taxes, and regulate interstate commerce. The second type-implied power regulates telecommunications, and builds interstate highways. The third inherent power allows for defining itself from foreign and domestic enemies. The last power prohibited suspended the writ of habeas corpus, and tax exports (http://www. sparknotes. com/us-government-and-politics/american-government/federalism/s ection1. rhtml). At the Constitutional Convection, there was a lot of disagreement.Many feared that the government was too strong, and delegates were afraid that the state’s rights were weak. As a result the Constitution created a federal system where power is divided and shared between the national and state governments (http://www. sparknotes. com/us-government-and-politics/american-government/federalism/section2. rhtml). There are several pros and cons to federalism. Some of the pros include fosters state loyalties, creates laboratories of democracy, leads to political stability, encourages pluralism, and ensures separation of powers and prevents tyranny.The cons include preventing the creation of a national policy, and leading to a lack of accountability (http://www. sparknotes. com/us-government-and-politics/american-government/federalism/section4. rhtml). Concentrating all power in the federal government would pose as a serious threat to privacy and our constitutional r ights for several reasons. Look at our current healthcare system now that President Obama has imposed there are five main freedoms’ I believe that we lose.First our freedom to chose what’s included in our health plan, second the freedom to be rewarded for healthy living, third freedom to choose a high-deductible coverage, fourth freedom to keep my existing plan, and last the freedom to chose a doctor. In addition, there will be increased coverage that will raise the cost, new taxes, penalties, and fee’s that will hurt small businesses (http://www. cmsschicago. org/chicago-senior-pulse-blog/2012/11/2/the-facts-of-obamacare. aspx#. UPRBglHheCe). Obama Healthcare is just one example of how allowing the government to have power can hurt the American people.Our current President is trying to get everything turned over to the government so in the end, we have to answer to them, and ultimately the government has total control. We are seeing in our day of age how danger ous, and out of control, the government is when power if given to them (http://www. cmsschicago. org/chicago-senior-pulse-blog/2012/11/2/the-facts-of-obamacare. aspx#. UPRBglHheCe). My position is that the government should have limited power, and that the power they have be shared fairly between the federal and state governments as it once was.Our government was never as controlling as it is today, partially because of the world we live in and because of the leader we have running our country. Today we are being told what healthcare plans are right for us and what our kids are allowed it consume in school. Another big issue is the government controlling guns now. Violence is never going to stop, if they government takes away the right to bear arms people who are truly motivated to commit a crime will be making homemade bombs. Violence is never going to end, and taking away guns is not going to help. This is the reality of the world we live in today, people are violent and motivated

Sunday, January 5, 2020

The Downfall of Antigone and Creon - Free Essay Example

Sample details Pages: 3 Words: 753 Downloads: 10 Date added: 2019/05/20 Category Literature Essay Level High school Tags: Antigone Essay Did you like this example? Antigoners stubbornness causes the death of herself when she goes against the law of Creon, the King to bury her brother, Polynices, and readers learn that what one expects it not always the outcome. It is ordered by the gods for each person to be offered a proper burial, so Antigone asks her sister, Ismene, for helping to bury Polynices, but she denies, in fear of getting caught. Antigone is still persistent in burying her brother, despite the warnings from Ismene. Don’t waste time! Our writers will create an original "The Downfall of Antigone and Creon" essay for you Create order Ismene is willing to keep the act a secret, but Antigone refuses, and says, Publish it To all the world! Else I shall hate you more (129). Antigone is proud of what she stands for and wants everyone to know, by the form of Ismene spreading the news. She is aware of a punishment for an act against the king, but her stubbornness does not hold her back from committing a sinful act against the King. Antigoners hatred towards Ismene, if she does not advance the news to others, shows that Antigone is not keeping her from taking a stand and proving that no one can control her actions. Once Antigone gets caught, the King asks if she confirms the accusations against her and she replies, I do admit it. I do not deny it (138). Antigone is not trying to escape her punishment. Her stubbornness motivates her to make it clear to everyone that she believes what she did was the right thing to do and nobody can stop her from thinking so. Antigoners stubbornness concealed decisions might not lead to desirable consequences Creonrs stubbornness causes the death of not only Antigone, but also his wife, Eurydice, and his son, Haemon, when he rejects the advice of Haemon and Teiresias, a prophet, and from this, one learns to not be headstrong when listening to advice. Antigone is caught for offering her brother, Polynices, a proper burial, as it is ordered by the King not to do so. Haemon, as well as the people of Thebes, do not think what Antigone did was worth being punished for. Creon reveals his stubbornness when he exclaims, The people of Thebes! Since when do I take my orders from the people of Thebes? (146). He feels offended when Haemon offers Creon the perspective of Antigoners punishment from the viewpoint of himself and the people of Thebes. In the quote, it is implied that Creon ignores and never listens to the advice of others, apart from himself. Creonrs stubbornness causes him to be self-centered and since he is the king, what he does is what he alone thinks is best because of his high level of authority. He is not only ignoring Haemon and the people of Thebes, but more importantly, disregarding the laws provided by the gods, one of which is to offer each person a proper burial. Following Creonrs exclamation, Haemon then goes on to say, Isnt that rather a childish thing to say? and Creon replies, No. I am king, and responsible only to myself (146). By calling Creon childish, Haemon suggests that Creon is immature and naive. Creonrs actions are not only childish, but the use of words are simple and his syntax is short, just as a stubborn child. He wants all the power to himself and does not let the citizens have a say in what they desire. Although Haemon encourages Creon to withdraw Antigoners punishment, he still does not listen. Later on in the play, Teiresias appears to warn Creon of future consequences if he does not release Antigone. Creonrs stubbornness is again apparent when he misjudges the intentions of the prophet Teiresias when he accuses prophets [of] seek[ing] their own advantage (Sophocles 154). Even though the foresight of prophets has never failed, Creon believes the prophecies they provide are for the favor of themselves only. He accuses Teiresias of all prophets providing false predictions in order to gain wealthier. Creon does not take into account any punishment that many follow disobeying the gods. As a result of overlooking Haemonrs suggestions and believing Teiresias prophecies are false, Haemon commits suicide when learning about Antigoners death and Eurydice, distraught at hearing of her sonrs death, also takes her own life. Creonrs stubbornness led to the death of his loved ones when did not take in the advice of Haemon and Teiresias. He did not consider the impact his decisions would have on others and therefore, it is important for readers to learn to stay open-minded and think of the bigger picture when making decisions.